FEDERALLY PROTECTED ACTIVITIES

Summary:

The portion of Section 245 of Title 18 which is primarily
enforced by the Criminal Section makes it unlawful to willfully
injure, intimidate or interfere with any person, or to attempt to
do so, by force or threat of force, because of that other
person's race, color, religion or national origin and because of
his/her activity as one of the following:

A student at or applicant for admission to a
public school or public college

A participant in a benefit, service, privilege,
program, facility or activity provided or
administered by a state or local government

An applicant for private or state employment; a
private or state employee; a member or applicant
for membership in a labor organization or hiring
hall; or an applicant for employment through an
employment agency, labor organization or hiring
hall

A juror or prospective juror in state court

A traveler or user of a facility of interstate
commerce or common carrier

A patron of a public accommodation or place of
exhibition or entertainment, including hotels,
motels, restaurants, lunchrooms, bars, gas
stations, theaters, concert halls, sports arenas
or stadiums.

This statute also prohibits wilful interference, by force or
threat of force, with a person because he/she is or was
participating in, or aiding or encouraging other persons to
participate in any of the benefits or activities listed above
without discrimination as to race, color, religion, or national
origin.

The offense is punishable by a range of imprisonment up to a
life term, or the death penalty, depending upon the circumstances
of the crime, and the resulting injury, if any.

TITLE 18, U.S.C., SECTION 245

(a)(1)Nothing in this section shall be construed as indicating an intent on the part
of Congress to prevent any State, any possession or Commonwealth of the United
States, or the District of Columbia, from exercising jurisdiction over any offense over
which it would have jurisdiction in the absence of this section, nor shall anything
in this section be construed as depriving State and local law enforcement authorities
of responsibility for prosecuting acts that may be violations of this section and that
are violations of State and local law. No prosecution of any offense described in this
section shall be undertaken by the United States except upon the certification in
writing of the Attorney General, the Deputy Attorney General, the Associate Attorney
General, or any Assistant Attorney General specially designated by the Attorney General
that in his judgment a prosecution by the United States is in the public interest and
necessary to secure substantial justice, which function of certification may not be
delegated.

(2) Nothing in this subsection shall be
construed to limit the authority of Federal
officers, or a Federal grand jury, to
investigate possible violations of this
section.

(b)Whoever, whether or not acting under
color of law, by force or threat of force
willfully injures, intimidates or interferes
with, or attempts to injure, intimidate or
interfere with--

(1)any person because he is or has been,
or in order to intimidate such person or any
other person or any class of persons from--

(A) voting or qualifying to vote,
qualifying or campaigning as a candidate for
elective office, or qualifying or acting as a
poll watcher, or any legally authorized
election official, in any primary, special,
or general election;

(B) participating in or enjoying any
benefit, service, privilege, program,
facility, or activity provided or
administered by the United States;

(C) applying for or enjoying employment,
or any perquisite thereof, by any agency of
the United States;

(D) serving, or attending upon any court
in connection with possible service, as a
grand or petit juror in any court of the
United States;

(E) participating in or enjoying the
benefits of any program or activity receiving
Federal financial assistance; or

(2) any person because of his race, color,
religion or national origin and because he is
or has been--

(A) enrolling in or attending any public
school or public college;

(B) participating in or enjoying any
benefit, service, privilege, program,
facility or activity provided or administered
by any State or subdivision thereof;

(C) applying for or enjoying employment,
or any perquisite thereof, by any private
employer or any agency of any State or
subdivision thereof, or joining or using the
services or advantages of any labor
organization, hiring hall, or employment
agency;

(D) serving, or attending upon any court
of any State in connection with possible
service, as a grand or petit juror,

(E) traveling in or using any facility of
interstate commerce, or using any vehicle,
terminal, or facility of any common carrier
by motor, rail, water, or air;

(F) enjoying the goods, services,
facilities, privileges, advantages, or
accommodations of any inn, hotel, motel, or
other establishment which provides lodging to
transient guests, or of any restaurant,
cafeteria, lunchroom, lunch counter, soda
fountain, or other facility which serves the
public and which is principally engaged in
selling food or beverages for consumption on
the premises, or of any gasoline station, or
of any motion picture house, theater, concert
hall, sports arena, stadium, or any other
place of exhibition or entertainment which
serves the public, or of any other
establishment which serves the public and (i)
which is located within the premises of any
of the aforesaid establishments or within the
premises of which is physically located any
of the aforesaid establishments, and (ii)
which holds itself out as serving patrons of
such establishments; or

(3) during or incident to a riot or civil
disorder, any person engaged in a business in
commerce or affecting commerce, including,
but not limited to, any person engaged in a
business which sells or offers for sale to
interstate travelers a substantial portion of
the articles, commodities, or services which
it sells or where a substantial portion of
the articles or commodities which it sells or
offers for sale have moved in commerce; or

(4) any person because he is or has been,
or in order to intimidate such person or any
other person or any class of persons from--

(A) participating, without discrimination
on account of race, color, religion or
national origin, in any of the benefits or
activities described in subparagraphs (1)(A)
through (1)(E) or subparagraphs (2)(A)
through (2)(F); or

(B) affording another person or class of
persons opportunity or protection to so
participate; or

(5) any citizen because he is or has been,
or in order to intimidate such citizen or any
other citizen from lawfully aiding or
encouraging other persons to participate,
without discrimination on account of race,
color, religion or national origin, in any of
the benefits or activities described in
subparagraphs (1)(A) through (1)(E) or
subparagraphs (2)(A) through (2)(F), or
participating lawfully in speech or peaceful
assembly opposing any denial of the
opportunity to so participate--

shall be fined under this title, or
imprisoned not more than one year, or both;
and if bodily injury results from the acts
committed in violation of this section or if
such acts include the use, attempted use, or
threatened use of a dangerous weapon,
explosives, or fire shall be fined under this
title, or imprisoned not more than ten years,
or both; and if death results from the acts
committed in violation of this section or if
such acts include kidnaping or an attempt to
kidnap, aggravated sexual abuse or an attempt
to commit aggravated sexual abuse, or an
attempt to kill, shall be fined under this
title or imprisoned for any term of years or
for life, or both, or may be sentenced to
death. As used in this section, the term
"participating lawfully in speech or peaceful
assembly" shall not mean the aiding,
abetting, or inciting of other persons to
riot or to commit any act of physical
violence upon any individual or against any
real or personal property in furtherance of a
riot. Nothing in subparagraph (2)(F) or
(4)(A) of this subsection shall apply to the
proprietor of any establishment which
provides lodging to transient guests, or to
any employee acting on behalf of such
proprietor, with respect to the enjoyment of
the goods, services, facilities, privileges,
advantages, or accommodations of such
establishment if such establishment is
located within a building which contains not
more than five rooms for rent or hire and
which is actually occupied by the proprietor
as his residence.

(c) Nothing in this section shall be
construed so as to deter any law enforcement
officer from lawfully carrying out the duties
of his office; and no law enforcement
officer shall be considered to be in
violation of this section for lawfully
carrying out the duties of his office or
lawfully enforcing ordinances and laws of the
United States, the District of Columbia, any
of the several States, or any political
subdivision of a State. For purposes of the
preceding sentence, the term "law enforcement
officer" means any officer of the United
States, the District of Columbia, a State, or
political subdivision of a State, who is
empowered by law to conduct investigations
of, or make arrests because of, offenses
against the United States, the District of
Columbia, a State, or a political subdivision
of a State.

(d) For purposes of this section, the term
"State" includes a State of the United
States, the District of Columbia, and any
commonwealth, territory, or possession of the
United States.